House and Executive clash over county law

Parliament and the Executive have hit an impasse over devolution after they differed on the fate of the provincial administration.

The Kenya Law Reform Commission and Commission for the Implementation of the Constitution have thrown their weight behind the President, saying the House erred when it resolved that the Provincial Administration reports to county governments.

But the MPs have come out fighting, demanding that the Head of State withdraws a memorandum he fired off to Speaker Kenneth Marende detailing what he needs amended.

The MPs said the amendment to the County Governments Bill, 2012 — the mother law that sets up devolution structures — was a product of the Executive, which the House thought prudent to adopt.

The proposal that DCs, DOs, chiefs and their assistants report to the governor came from Deputy Prime Minister Musalia Mudavadi.

Local Authorities and Fund Accounts Committee chairman Thomas Mwadeghu (Wundanyi), and Mr Danson Mungatana (Garsen), said the President should withdraw the memorandum because there was no basis for unconstitutionality.

“If the government insists on having a parallel system in the counties, what then will be their work? What will they be paid for?

“If they are saying the timing is wrong but the principle is the same, where is the unconstitutionality?” asked Mr Mwadeghu.

“The amendment was brought by no less a minister than the Deputy Prime Minister.

“What is there for MPs to doubt that this is the position of the government?” asked Mr Mungatana at a 12 noon news conference at Parliament Buildings.

“How can the President disown a clause that has been brought into the House on behalf of the Executive?

“For the President to assert that what we passed was unconstitutional is wrong… He ought to respect Parliament and respect the work that we did.

‘‘There are people within the government that are misadvising the President. These people are hell-bent on ensuring that the system stays in place even when the times have changed,” said the Garsen MP.

But KLRC secretary Joash Dache said the commission had pointed out the unconstitutionality, adding that county and national governments “have to be distinct”.

“The five-year transition period was not a mistake. The drafters’ intention was that you could not upset a governance system that we have had for over 50 years,” said Mr Dache.

“The Constitution wants the government to determine the provincial administration’s fate once counties are in place,” he added.

“The President is right,” CIC chairman Charles Nyachae told the Nation.

“We agree that the same should be deleted on the basis of the arguments articulated by the President,” Mr Nyachae also said in a letter to Mr Marende copied to Attorney-General Githu Muigai, acting Head of Civil Service Francis Kimemia and KLRC chairman Kathurima M’Inoti.